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As Michigan drunk driving accident lawyers, we recognize that victims of drunk driver accidents in Michigan have many questions about their legal rights. We try to answer many of your questions below.

Of course, you probably have a questions about your own case that needs answers from an experienced Michigan injury and accident attorney.

We encourage you to contact us for a free, no-obligation case review to tell us your story.

Call us now. We are friendly and eager to help you.

You should sue a drunk driver if you were injured in crash caused by an intoxicated person.  Your life was likely completed interrupted due to your injuries and medical treatment.  In addition, there is additional emotional trauma caused from drunk driving accidents.  You are entitled to compensation and should pursue it.

If a drunk driver hits you there are usually both criminal and civil cases.  For the criminal case, the prosecutor will charge the driver with a criminal offense.  There are often fines, probation, and even jail time imposed by the judge.  The judge may also order the drunk driver to pay for your vehicle repair, and this is called restitution.

For the civil case, you can demand settlement compensation for your injuries.  Quite often, a lawsuit must be filed against the driver and other negligent parties.

 

The driver does not need a blood alcohol level (BAL) over the legal limit in Michigan to be sued.  Any person causing an accident by negligent driving can sued for causing a personal injury accident.  If the driver has an illegal BAL, this is strong evidence of negligence and that driver will likely be presumed at fault for causing the crash.

It is important to get a lawyer for your civil case if you were hit by a drunk driver.  You can attempt to get a settlement on your own.  However, there are many legal loopholes involved in these accident cases and if you make a mistake it can ruin other claims.

There is no “normal” or “typical” settlement for a drunk driving crash.  The amount of money you can get depends on the seriousness of your injuries, the medical treatment, and often the insurance policy limits of the other driver.  Many times, there is more than one insurance policy available to pay your settlement.  Our lawyers will find all possible polices so that you can get the most money in your compensation payout.

A passenger injured in the car operated by a drunk driver can file both a personal injury claim and no-fault insurance claim.  You can sue the drunk driver even if the person is a friend, relative, or co-worker.  The driver’s insurance company pays your settlement.

The driver does not need a blood alcohol level (BAL) over the legal limit in Michigan to be sued.  Any person causing an accident by negligent driving can sued for causing a personal injury accident.  If the driver has an illegal BAL, this is strong evidence of negligence and that driver will likely be presumed at fault for causing the crash.

In order to pursue a drunk driving lawsuit in Michigan under the Dram Shop Law, the injured party must prove that the injury or death was caused by a retail licensee’s unlawful selling, giving, or furnishing of alcohol to a “visibly intoxicated person” or a minor. Visible intoxication is intoxication “apparent to an ordinary observer.” Furnishing intoxicants to a minor (a person younger than 21) is per se unlawful and visible intoxication need not be shown.

The Dram Shop law controls liability in cases involving retail liquor licensees. There are, of course, circumstances in which a drunk driver has furnished alcohol at a private residence, party, or event. In those circumstances, Michigan law can impose liability under what is called “Social Host Liability.” Social host liability is the potential liability of a person or an entity other than a bar or restaurant for the unlawful furnishing of alcoholic beverages. The liability of a social host in Michigan has been recognized only in the case of providing alcohol to a minor.